Immigration attorneys warn J’cans of potential deportation crisis under Trump

NEW YORK:

As the United States presidential election takes place today, immigration attorneys believe Jamaicans, like other immigrants, should be worried about a potential victory for former President Donald Trump, as he has promised sweeping deportations.

Trump, the Republican nominee, is facing off with Vice President Kamala Harris, a Democrat, in today’s polls.

The attorneys told The Gleaner that while mass deportations as threatened could take place, some guardrails could mitigate against such actions.

“Those who fall in the category of not having a regularised status could very well be deported, as the president could issue an executive order in this regard,” said Miami-based attorney Marlon Hill.

Hill specifically pointed to students who went to the United States on a student visa but overstayed, those who entered on a tourist visa and overstayed, as well as those who entered on a work visa which has since expired.

“What is at stake in this election is really a matter of choice, as immigration touches everyone across the board. It is critically important who controls the US Senate and the US House of Representatives, because this can impact immigrants,” Hill told The Gleaner, noting that anything that negatively impacts a Jamaican family in the US can also affect Jamaicans at home.

“What former President Trump says is what he means,” he added.

Orlando-based attorney Wayne Golding said that Jamaicans should be concerned about Trump’s stated intention.

“Messing with immigration laws by executive order should be of concern to all of us, not only those who are out of status but their family members also,” he said.

Golding said that there are some guardrails that could prevail against mass deportation, and a group of attorneys are preparing to go to court to safeguard the rights of immigrants.

“Jamaicans should not thumb their noses and say, ‘nothing is going to happen’, because this could affect the filing for family members and other relatives, separating loved ones from children in the United States. So it is important that people get proper legal advice,” he reasoned.

Golding said a programme of mass deportations could see citizens and legal residents also getting swept up in operations.

NOT BE TAKEN LIGHTLY

Irwine Clare, head of the Queens-based Caribbean Immigration Services, said the promised sweeps should not be taken lightly.

“Jamaicans should take the promise of mass deportation seriously, especially Dreamers whose information are on file and they are easy to find,” he said.

Clare said that while people should be worried, they should not be fearful to the point of going further underground.

He pointed out that, if local police officers are given immigration powers, many innocent people could be caught up in the deportation sweeps because they would not know whose status is legal.

He added that, under Project 2025, a policy document setting out an agenda for a new Trump administration, the denaturalisation of citizens could also take place. This could impact family reunifications and also lead to self-deportation.

However, Queens-based attorney Winston Tucker said that, although the atmosphere could change with a Trump victory, he does not think Trump could carry out his stated intention of mass deportation.

Tucker pointed to due process, where someone has to be taken before a court before that person can be deported.

He said the government would likely not have the resources to carry out such a programme. Further, the system is overburdened currently and there are not enough immigration judges and lawyers to handle such a surge in cases.

“He is campaigning on something that is a bluster, to create fear in the immigrant communities,” said Tucker.

Just over 161 million persons are registered to vote in today’s election.